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NEW APPROACHES TO
BYZANTINE HISTORY AND CULTURE
Series Editors
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Leonora Neville, University of Wisconsin Madison, WI, USA
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New Approaches to Byzantine History and Culture publishes high-quality
scholarship on all aspects of Byzantine culture and society from the fourth
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tices of other fields, such as gender theory, subaltern studies, religious
studies theory, anthropology, etc. to the study of Byzantine culture and
society.
Political Memory
and the Constantinian
Dynasty
Fashioning Disgrace
Rebecca Usherwood
Trinity College Dublin
Dublin, Ireland
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer
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For my parents, Carole and David
Acknowledgements
vii
viii ACKNOWLEDGEMENTS
1 Introduction 1
Political Memory, Disgrace, and Oblivion 7
Discourses of Disgrace 14
Central Direction and Local Action 21
The Materiality of Disgrace 26
References 39
2 Maximian 49
The Fall of Maximian 50
Disgrace and Iconoclasm 54
Maximian’s Disgrace in Constantine’s Territories 59
Civil War and the Spectre of Maximian 67
Maximian’s Disgrace in the Wider Roman World 75
Rehabilitating Maximian? 95
Conclusion: The Blurred Lines of Disgrace 105
References 106
3 Licinius 111
Licinius and Constantine 112
Civil War and a New Alliance 118
Licinius and the Law 128
The Disgrace of Licinius 132
Conclusion: The Emperor Vanishes 156
References 157
ix
x CONTENTS
4 Crispus 163
Crispus and Constantine 165
Silence and Scandal: Crispus’ Downfall in Ancient Accounts 172
Treason and Condemnation: Modern Interpretations 178
Crispus as a Disgraced Figure 182
Crispus and the Licinii 184
Crispus and the Constantinian Family 188
Conclusion: Constantinian Disgrace 207
References 208
5 Magnentius 213
Magnentius’ Supporters 217
The Disgrace of Constans 233
The Disgrace of Magnentius 250
Conclusion: The Limits of Disgrace 260
References 261
6 Epilogue 267
References 270
AE L’Année épigraphique
CIL Corpus Inscriptionum Latinarum
ICUR Inscriptiones Christianae Urbis Romae
IG Inscriptiones Graecae
ILAlg Inscriptions Latines de l’Algérie
ILS Inscriptiones Latinae Selectae
ILTun Inscriptions Latines de la Tunisie
InscrIt Inscriptiones Italiae
LSA Last Statues of Antiquity (http://laststatues.classics.ox.ac.uk/)
PLRE Prospography of the Later Roman Empire
RIC Roman Imperial Coinage
SEG Supplementum Epigraphicum Graecum
xi
List of Figures
Fig. 2.1 Plaque from statue base of Maximian from Segarra (AE
1908.3) (Illustration by author) 62
Fig. 2.2 Follis of divus Maximian, RIC VI Ostia no. 26. ANS
1984.146.117 (Photograph: American Numismatic
Society, reproduced with kind permission) 70
Fig. 2.3 Transcription of statue base of Maxentius from Caesarea
(CIL VIII.20989) 72
Fig. 2.4 Plaque from statue base of Diocletian and Maximian
with rededication to divus Maximian from Aletrium (CIL
X.5803, 5805) (Illustration by author) 73
Fig. 2.5 Statue base of Maximian from Patavium (CIL V.2818)
(Illustration by author) 81
Fig. 2.6 Transcription of fragmentary building plaque
with dedication to Diocletian as Senior Augustus,
from Tuscania (AE 1964.235) 82
Fig. 2.7 Fragments of Baths of Diocletian dedication panel(s)
from Rome (Museo Nazionale Romano, Terme di
Diocleziano, Inv. n. 115,813; 39,893. Photograph
by author, reproduced with kind permission
of the Ministry of Culture, Museo Nazionale Romano) 85
Fig. 2.8 Detail of fragment ‘d’ of Baths of Diocletian
dedication panel(s) (Museo Nazionale Romano,
Terme di Diocleziano, Inv. n. 115,813; 39,893.
Photograph by author, reproduced with kind permission
of the Ministry of Culture, Museo Nazionale Romano) 86
xiii
xiv LIST OF FIGURES
xvii
CHAPTER 1
Introduction
When all hope was destined to fail and the will to make peace abandoned,
who could doubt that he [Maxentius] was divinely delivered to your arms,
when he had attained such a degree of madness that he even provoked, on
his own, the one whom he ought to have tried to win over? Oh, what sharp
and painful stings you have, insult, when inflicted by an inferior! Behold,
for sorrow! (words come with difficulty), the violent overthrow of revered
images and the vile erasure of the divine face! O impious hands, O savage
eyes! … But in the end what do you gain, blind madness? This face cannot
be destroyed. It is fixed on the hearts of all men. It does not shine by the
gilding of beeswax or the dye of pigments, but blossoms forth through the
longing of our spirits. Constantine will only be forgotten when the human
race is destroyed.
Nazarius, panegyric in praise of Constantine 1
1 Pan. Lat. IV(10) 12.1–5 (after Nixon and Saylor Rodgers trans.): Cum spes omnis
frigere debuerit et voluntas pacificandi alienata sit, quis dubitet divinitus armis tuis
deditum, cum eo dementiae processerit ut ultro etiam lacesseret quem ambire deberet? O
quam acres dolorum aculeos habes, contumelia quam imponit inferior! Ecce enim, pro dolor!
(verba vix suppetunt), venerandarum imaginum acerba deiectio et divini vultus litura
deformis. O manus impiae, o truces oculi! […] Sed quid tandem adsequeris, caeca dementia?
Aboleri vultus hic non potest. Universorum pectoribus infixus est, nec commendatione cerae
ac pigmentorum fucis renitet sed desiderio efflorescit animorum. Una demum Constantini
oblivio est humani generis occasus.
2 Smith (1971: 91), Pohlsander (1996: 19), Stewart (2003: 269, 287), Marlowe (2006:
228–229), and Killerich (2014: 64).
3 See Mustakallio (1994) for sanctions against memory from the earliest periods of
Rome’s history, Flower (2006: Chapters 3–5) for the early to later Republican period,
and Bats (2007) for the time of Sulla.
1 INTRODUCTION 3
a victim’s body was treated with the disrespect and malice customarily
reserved for criminals and other social outcasts.4 The past twenty years
have witnessed a significant growth of interest in these phenomena: their
mechanics, motivations, and the contradictions which were inherent in
their use.5 These modern investigations have urged us to view damnatio
memoriae not as a monolithic or homogenous set of penalties, but instead
as an inventive and adaptive process, and thus a lens through which the
priorities of an age can be examined.
This book is an examination of political disgrace from Constantine’s
rise to power until the accession of Julian, the last of the Constantinian
emperors. This period, encompassing roughly the first half of the fourth
century CE, was a time of profound political, religious, and cultural
change, and witnessed an unprecedented number of emperors suffering
from the penalties associated with political disgrace.6 Surviving literary
and material evidence indicates that, of seventeen emperors and other
major imperial claimants, fifteen were inflicted with some form of these
measures.7 This prevalence can be explained by features particular to this
age, above all the establishment of a collegiate form of imperial govern-
ment, increasing the number of emperors holding power at any one time,
which combined with political instability. Meanwhile, our understanding
of the political situation is also complicated by our reliance, particularly
for the earlier years of the fourth century, on Christian sources which were
written or revised in the aftermath of the Great Persecution. Disgrace is a
central theme of such narratives, and these Christian discourses have had
4 For associations between the treatment of the bodies of infames and disgraced
members of the elite, see Kyle (1998: 131–133).
5 See especially Hedrick (2000), Varner (2004), Flower (2006), Benoist and Lefevre
(2007), Krüpe (2011), Crespo Pérez (2014), and Omissi (2018).
6 By contrast, the Julio-Claudian period and its immediate aftermath witnessed measures
against only the emperors Caligula, Nero, Galba, and Otho, and a small number of other
prominent men, such as Sejanus. Instead, this period is distinct for its prevalence of
imperial women being subjected to these types of penalties: Varner (2001; 2004: 21–108)
and Flower (2006: 160–194).
7 Diocletian: Lactant. De mort. pers. 42.1–2 and inscriptions; Maximian: Lactant. De
mort. pers. 42, Euseb. Hist. eccl. 8.13.15, Vit. Const. 1.47.1, and inscriptions; Maximinus
Daia: Euseb. Hist. eccl. 9.11 and inscriptions; Maxentius: inscriptions, portraiture, and
monuments; Licinius: Euseb. Hist. eccl. 10.9.5, inscriptions and portraiture; Severus,
Galerius, Crispus, Licinius Iunior, Dalmatius, Constantine II, Constans, Magnentius,
Decentius, and Gallus: inscriptions.
4 R. USHERWOOD
8 See especially Fentress and Wickham (1992), Markovits and Reich (1997), Misztal
(2003), and Castelli (2004).
1 INTRODUCTION 5
9 For example, MacMullen (1969: 187), Pohlsander (1984: 98; 1996: 58), Burgess
(2008: 7, 13), Stephenson (2009: 200), and Barnes (2011: 5).
6 R. USHERWOOD
10 For the relationship between memory (and forgetting) and political transition,
reconciliation, and continuity, see especially Loraux (2002) and Assmann and Shortt
(2012).
1 INTRODUCTION 7
Though each chapter has its central focus, each also incorporates at
least two additional individuals with whom the central figure’s disgrace
was somehow entangled. My examination of Maximian’s posthumous
reputation involves a detailed treatment of the regime of his son, Maxen-
tius, as well as some discussion of Diocletian, his colleague of over
twenty years. The case of Licinius requires consideration of his young
son, Licinius Iunior, as well as the emperor Maximinus Daia. Due to the
proximity of their relative downfalls, analysis of the epigraphic evidence
for Crispus’ disgrace requires revisiting the Licinii, as well as a discus-
sion of possible connections to the disappearance of Crispus’ stepmother,
Fausta. Finally, my chapter on Magnentius involves considerable analysis
of the treatment of the ideological and material legacy of Constans, as well
as some thought about the precedent set by the death of Constantine II
a decade earlier. Hence, through its four case studies, this book aims to
do due justice to the breadth and complexity of evidence, practices, and
attitudes surrounding political disgrace in the Constantinian era.
11 Vittinghoff (1936: 64–74). The first attested use of damnatio memoriae is in the
title of a dissertation written by Schrieter and Gerlach in 1689: see Stewart (1999: 184
n.3) and Flower (2006: xix).
12 Vittinghoff (1936: 13).
8 R. USHERWOOD
13 For example, see Westenholz (2012: 89) for its use in an ancient Akkadian context,
or Robey (2013) for its application to Renaissance Florence. Damnatio memoriae was used
by a number of media outlets in reference to the tearing down of confederate monuments
in Baltimore in the summer of 2017. See, for example, Davis Hanson (2017).
14 See Osgood (2007: 1588), who describes Roman practices as ‘eerily modern, like
those of a Stalinist purge or the vaporization of “unpersons” in George Orwell’s 1984’.
In contrast, see Flower (2006: 7) for an emphasis on the cultural specificity of Roman
practices.
15 See Forty (1999: 10) on removal of statues of communist heroes in Eastern Europe
and the Soviet Union after 1989.
16 See Wegner (1994).
1 INTRODUCTION 9
17 Pennebacker and Banasik (1997: 10–11), Anderson (2009: 220–221), and Brandt
(2016: 263–267).
18 See, for example, Gowing (2005: 2): ‘Romans attached a heightened importance to
memory, which manifests itself in almost every aspect of their existence’, and Galinsky
(2014: 1): ‘Memory defined Roman civilization’.
19 The work of Susan Alcock (2001, 2002), is a notable exception. The most compre-
hensive engagement with theories of social memory in Roman contexts can be found in
the three edited volumes which emerged from Karl Galinsky’s Memoria Romana project:
Galinsky (2014, 2015, 2016). For critical general discussions of the origins, development,
and shifting appeal of the ‘memory boom’, see: Gedi and Elam (1996), Hutton (2000),
Klein (2000), Cattell and Climo (2002), Berliner (2005), White (2006), and Bond et al.
(2017).
20 For example, Sijpesteijn (1974), Pollini (1984), and Pallier and Sablayrolles (1994).
21 Eck et al. (1996), Damon and Takács (1999), and de Castro-Camero (2000).
10 R. USHERWOOD
22 Kajava (1995), Eck et al. (1996), and Griffin (1997); the American Journal of
Philology special edition on the document, ed. Potter (1999), especially Bodel and Flower.
23 Varner (2000a, 2004). For related work on spolia, see especially Kinney (1997),
Elsner (2000), Galinsky (2008).
24 Flower (2006: 276) ‘The Romans, especially those who wrote history, saw memory
(memoria) as if it were a discrete space, filled with monuments, inscriptions, portraits,
written accounts, and other testimonials to the life of Roman citizens.’
25 Hedrick (2000: 92).
1 INTRODUCTION 11
Terminology
Harriet Flower is clear in her reservations against using damnatio memo-
riae and avoids it throughout her monograph, though accepts that it
might be used as a convenient and familiar shorthand.30 Some scholars
have followed suit and now avoid the term, though this does not neces-
sarily mean that they avoid falling into the traps it poses.31 Varner
and Hedrick use damnatio memoriae throughout their work, acknowl-
edging its modern origin with varying degrees of explicitness.32 It remains
common in scholarship.33
The main issue is a lack of suitable alternatives. Hedrick suggests
‘repression’, ‘purge’, and ‘anathematization’, the last of which seems
somewhat fitting, whilst the first two seem too evocative of the twentieth-
century totalitarian models which he maintains are anachronistic.34
Flower offers ‘memory sanctions’, which is well suited to her broad
conception of Roman ‘memory space’. Both this phrase and the frame-
work which supports it have been highly influential, especially since they
move analysis beyond erased inscriptions and pulled-down statues, and
make space for discussions of the generative as well as destructive quali-
ties of such processes.35 However, it is not without flaws, since the word
‘sanctions’ carries implications of official authorisation and fixed legal
procedures.
It has been suggested that the pervasiveness of damnatio memoriae
means that we can never discard the label, despite the sometimes reduc-
tive ways in which it is still employed.36 In this book, I only use it when
addressing the arguments of others, and especially in cases where the
Discourses of Disgrace
The example with which I began this introduction, in which the orator
Nazarius gives his account of Maxentius’ destruction of Constantine’s
images, illustrates a central theme of this book, namely the ways in which
the literary evidence for iconoclasm and related practices fail to corre-
spond with the surviving material evidence. There has been a tendency in
modern scholarship to focus on literary accounts of these acts of destruc-
tion and then use selective examples of surviving physical evidence, such
as damaged statues or erased inscriptions, to reinforce and confirm their
content.39 Whilst written accounts might refer to the wholesale, empire-
wide destruction of an individual’s images and other dedications, material
evidence—particularly epigraphic evidence—tells a different story, where
the majority of the physical traces of an emperor’s political memory
survived the ‘campaign’ unscathed.
I do not seek to disregard literary accounts, but to give weight to
the circumstances in which these narratives were created. The destruc-
tion and disgrace inflicted on imperial victims was an imagined process as
much as it was a tangible one, and this reality should be acknowledged
from the outset. As we have already seen in the case of Nazarius’ pane-
gyric, authors had their own political, moral, religious, or aesthetic reasons
for mentioning—or, equally, not mentioning—these practices. Moreover,
such accounts are rarely eye-witness reports, but instead formed part of
wider narrative discourses which drew upon literary conventions, imagi-
nation, and as we will see in the case of Christian writers, a certain level of
wishful thinking. Ultimately, the writers who engaged in these discourses,
envisioning how these long-established methods of inflicting dishonour
could play out in their own or past environments, were constructing
their own monuments of disgrace. This does not mean that we should
expect to find them replicated in the archaeological record. My discus-
sion explores the gap between this rhetoric and reality, and what it means
for our understanding of Roman notions of political dishonour.
39 See, for example, Varner (2004) on iconoclasm narratives in the cases of Vitellius
(108–110), Domitian (112–125) and Maximinus Daia (220–221). For criticism of his
approach, see, e.g., Machado (2007: 342–345).
1 INTRODUCTION 15
40 For the discovery of a head of Diadumenian in the latrine of the vigilies in Ostia,
see Stewart (2003: 271), and Varner (2004: 107–108). For the treatment of the bodies
of noxii, see Kyle (1998: 131–133) and Varner (2005) for its relation to statue abuse in
the Roman context, and May (2012: 18) for the parallels with corporal punishment in
Near Eastern precedents.
41 See Stewart (2003: 278).
42 See Stewart (1999: 168; 2003: 278–279), for what he calls ‘the myth of mindless
violence’, a literary trope wherein iconoclasm is presented as a result of sporadic mob
outbursts.
43 Bats (2003: 281).
16 R. USHERWOOD
47 Portraits of Domitian tended to be recarved into his successors, Nerva and Trajan,
or his predecessor, Titus: Varner (2004: 113). See Kelly (2015: 228–229) for the impact
of Pliny’s background on this narrative of communal suffering and vengeance in the wake
of Domitian’s defeat.
48 See Chrys. De stat. and Lib. Or. 19.
49 See Laudani (2014: 181–183).
18 R. USHERWOOD
burned the portrait, along with the man who had brought it (25.1–2).
Neither Nazarius nor Lactantius are describing historical episodes. They
are generating literary constructions, a decade or more after the event,
designed to legitimise Constantine by presenting him as a victim, and his
former colleagues as unworthy to have shared imperial office with him.
This characterisation of the unfit emperor, unable to control his
passions and, as a consequence, carrying out acts of irrational ferocity
against the political memory of a rival, finds resonance with earlier tradi-
tions. The most conspicuous example is the campaign that Cassius Dio
claims Caracalla inflicted on his own brother Geta, including venting
his anger on the stones which had held the dead emperor’s statues
and melting down any coin which held his image.50 The prevalence of
such instances of political disgrace in both the literary and the mate-
rial record of the Severan period provides a valuable background against
which the fourth-century material of this book can be evaluated.51 For
example, in terms of agency, literary accounts of such campaigns often
present the emperor as the instigator and the army, particularly the Prae-
torians in Rome, as both the principal audience for declarations of a
rival’s disgrace and the instrument of the subsequent attack.52 It has
been argued that the physical evidence for Geta’s disgrace throughout
the empire, which is unprecedented in its thoroughness, indicates the
involvement of soldiers.53 Not only is this reflected in the practical reach
of the campaign’s implementation, it also aligns with literary evidence
which indicates the military’s deep-seated engagement with the ideology
of Geta as a disgraced figure, whose state of dishonour was intrinsically
linked to the survival and well-being of the ruling emperor, Caracalla.
Evidently, careful attention needs to be paid to the circumstances
surrounding such literary accounts of iconoclasm and political disgrace.
50 Dio 78.12.6. See also Herodian 4.4–6, and SHA M. Ant. 3.5.
51 Krüpe (2011) provides an especially comprehensive study of the condemnation of
Geta against the backdrop of earlier practices.
52 Immediately after his assassination of Geta, Caracalla is said to have gone directly
to the camp of the Praetorian guards to give his account and secure their support, and
secured the backing of the Senate only afterwards (Herodian 4.4.4–5; Dio 78.3; SHA M.
Ant. 2). Also see the Historia Augusta’s description of Elagabalus sending men to smear
mud on his young rival Alexander Severus’ statue bases in the Praetorian Camp (SHA
Heliogab. 13).
53 Varner (2004: 171).
1 INTRODUCTION 19
Far from a faithful description of real events, such stories were often
designed to fulfil wider ideological or narrative purposes within an
author’s work. As we will now see, nowhere is this more applicable than
in the case of Christian discourse of the early fourth century.
57 Hist. eccl. 10.9.5 (after Williamson trans.): oÙδ μšχρις ÑνÒματoς μνημoνευóμενoι,
γραϕαί τε αÙτîν καὶ τιμαὶ τὴν ¢ξίαν α„σχνην
´ ¢πελάμβανoν.
58 Lactant. De mort. pers. 1.8 (trans. Creed): ut omnes qui procul remoti fuerunt vel qui
postea futuri sunt scirent quatenus virtutem ac maiestatem suam in extinguendis delendisque
nominis sui hostibus deus ostenderit.
1 INTRODUCTION 21
62 For example: ‘carry out’: Odahl (2010: 99) (on the emperor Maximian); ‘declare’:
McFadden (2015: 29–30) (on the emperor Maximian); ‘proclaim’: Burgess (2008: 42)
(on the Caesar Dalmatius and Julius Constantius); ‘perform’: Drake (2000: 69) (on the
Senate’s right to enforce ‘memory sanctions’); ‘abolish the memory’: Barnes (1993:
51–52) (on Constans and Constantius II’s treatment of the legacy of their brother
Constantine II).
63 See Mustakallio (1994) for these early Roman measures against traitors, as well as
the refutation (15) that they should be directly connected with later measures targeting
political memory.
64 Flower (1998: 155–156) and Hedrick (2000: 93).
65 For the procedures of issuing and circulating legislation in the Roman empire, and
factors which could affect promulgation at a local level, see Ando (2000: 109–122),
Matthews (2000: 168–172), Corcoran (2000: 239–250), Rowe (2014: 229–230), and
Schmidt-Hofner (2015) (esp. 71 n.116).
66 Ban on mourning: lines 73–74. Ban on portrait mask: lines 76–82. Removal of
statues and imagines: lines 75–76. See Bodel (1999b: 260–261) and Flower (1998: 23–31,
56–59).
1 INTRODUCTION 23
example, from almost four hundred years later, can be found in a law
of 399, preserved in the Theodosian Code, in which the emperors Arca-
dius and Honorius specify the penalties to be inflicted on the disgraced
eunuch and former consul Eutropius. These have clear resonances with
those imposed on Piso, including measures such as the confiscation of
Eutropius’ property, and then a long and expansive specification that all
of his statues (statuas ) and likenesses (simulacra), made out of any mate-
rial and in both public and private places, should be removed ‘lest they
pollute they eyes of those who look at such images’.67
The S.C. de Cn. Pisone ends with lengthy provisions for the law’s
dissemination, stipulating that it should be read out publicly and inscribed
in bronze, then hung in ‘the most frequented city of every province and
in the most frequented place of that city’, as well as next to the standards
(signa) at the heart of the legionary winter quarters.68 These provisions
illustrate the importance of—and difficulties inherent in—communicating
and enforcing such instructions. It could take weeks for such an edict
to reach parts of the empire. Even then, its implementation at a local
level was not guaranteed, since it was dependent on the enthusiasm and
diligence of local governors, or those further down the administrative
hierarchy, such as municipal officers.69
Vittinghoff had already raised this issue of the gulf between what
was instructed and the extent to which these instructions were actually
enforced, particularly in the regulation of private space.70 He argued that,
although laws or literary texts might stipulate the complete eradication of
traces of an individual, contemporary Romans must have been well aware
that this was impossible. The intention was not to completely suppress
recollection of the condemned, but to make a public and symbolic state-
ment which reframed their memory, branding with infamy what had
67 Cod. Theod. 9.40.17 (after Pharr trans.): omnes statuas, omnia simulacra, tam ex aere
quam ex marmore seu ex fucis quam ex quamcumque materia quae apta est effingendis,
ab omnibus civitatibus oppidis locisque privatis ac publicis praecipimus aboleri, ne tamquam
nota nostri saeculi obtutus polluat intuentum.
68 Lines 169–172. By contrast, the surviving excerpt of the Eutropius law contains
no provisions for its dissemination, though it was likely this was cut when the law was
incorporated into the Theodosian Code. See Matthews (2000: 168) and Schmidt-Hofner
(2015: 71–72) for the abbreviation of laws when they were compiled in the Code.
69 Almost all known copies of the S. C. de Cn. Pisone were set up by the governor of
Baetica: Eck et al. (1996: 190–191) and Flower (1998: 157; 2000: 60).
70 Vittinghoff (1936: 23–33).
24 R. USHERWOOD
formerly been honoured and respected, and making their disgrace serve as
a warning against similar transgressions.71 The convoluted and venomous
language of the edict condemning Eutropius, especially the use of terms
that denoted impurity or disease (sordes, ‘filthy’; contagione foedans, ‘pol-
luting by contact’), illustrates that this law was not concerned with the
literal erasing of Eutropius, but instead with publicising the extent and
nature of his political disgrace.72 Both the Eutropius and Piso edicts were
declarations of the emperors’ and Senate’s authority to regulate the lega-
cies of prominent individuals. When interpreting the material evidence for
such attacks, it is crucial to bear in mind that the actual implementation
of these laws was of secondary importance to the statement made by their
pronouncement.73
No law stipulating penalties targeting the name, images, or remem-
brance of an individual survives from the period examined in this book.
However, of the thirteen laws preserved in the Theodosian Code which
abolish the legislation of defeated imperial rivals (Cod. Theod. 15.14), five
date from the first half of the fourth century, addressing the defeats of
Maxentius, Licinius, and Magnentius.74 Gathered together under the title
De infirmandis his quae sub tyrannis aut barbaris gesta sunt (‘concerning
the annulment of things carried out under the tyrants and barbarians’),
this group of laws was issued across a hundred years, from the defeat
of Maxentius in 312 to the usurpation of Heraclianus against Hono-
rius in 413. They address issues such as whether a defeated rival’s edicts,
rescripts, gifts, or administrative appointments should remain valid, and
whether private civil agreements executed during this time, such as wills
or slave manumissions, should be honoured. Whilst they tend to be inflex-
ible in their invalidation of a rival’s regulations, condemning them to be
removed from legal records, on the whole they demonstrate an appreci-
ation of the chaos that would ensue if all legal activities from the ‘time
of tyranny’ (tyrannicum tempus ) were nullified. A law of 395, issued by
71 Bodel (1999a: 52–53), Hedrick (2000: 107–112), and Flower (2006: 9).
72 For the use of language denoting impurity, especially in political contexts, see Lennon
(2014).
73 See Schmidt-Hofner (2015) for the argument that fourth-century imperial legislation
prioritised communicative and ideological concerns over pragmatic ones.
74 Maxentius: Cod. Theod. 15.14.3–4 (for the re-dating of these laws from 326 to
313, see Corcoran [1993: 99], Dillon [2012: 91–93]); Licinius: Cod. Theod. 15.14.1–2;
Magnentius: Cod. Theod. 15.14.5.
1 INTRODUCTION 25
75 Neri (1997: 74–75). Grünewald (1990: 64–71) has alternatively argued that it was
specifically Constantine who introduced tyrannus as a political catchword after the defeat
of Maxentius in 312. See also Barnes (1996) and Omissi (2018: 30).
76 Humphries (2008: 85–87).
26 R. USHERWOOD
notices that Daia was ‘the common enemy of all’ (κoινòς ¢π£ντων
πoλšμιoς) and a ‘tyrant’ (τραννoς).
´ Though nothing is said about the
law containing specifications targeting Daia’s images, Eusebius claims that
its posting incited a violent campaign of iconoclasm against the honorific
dedications of both him and his children ‘in every city’ (κατὰ πα̃σαν
πóλιν). Their portraits were thrown down or blackened with paint, and
his statues were smashed and mocked by the crowds (Hist. eccl. 9.11).
Accounts such as this further underscore the communal nature of political
disgrace. Through their selective re-definition of the recent past, impe-
rial edicts created the conditions to maintain the status quo of both the
present and the future: the tyrannus was condemned in isolation, and
the rest of the community conformed to and enforced this new political
reality.
In the timeframe which this book covers, the most unambiguous state-
ment linking image-destruction to the directives of an emperor comes
from the On the Deaths of the Persecutors of the Christian apologist
Lactantius. Lactantius claims that the fall of Maximian was followed by
Constantine issuing a iussus —command or decree—which instructed that
the disgraced emperor’s imagines were to be torn down (42.1). The
circumstances surrounding this episode are discussed in full in chapter
two.
Portraits
In his monograph investigating the effects of political disgrace on imperial
portraiture, Eric Varner identifies three patterns of response: deliberate
mutilation, with the portrait either being disposed of, or alternatively left
on display as an enduring mark of shame; warehousing, when portraits
were removed from view; and recarving, either in the immediate after-
math of an emperor’s downfall or considerably later, after the portrait
had remained in storage for many years.77
However, this approach encounters obstacles when applied to the
material surviving from Late Antiquity. The many emperors of the
Tetrarchy and the Constantinian dynasty were intentionally designed to
be virtually indistinguishable in order to project a sense of political and
dynastic unity.78 Such portraits, now out of context and separated from
their statue bases, can only be identified in general terms as representing
‘a Tetrarch’ or ‘a Constantinian emperor’. In the absence of an inscrip-
tion or label identifying a specific emperor, it must have been equally hard
for ancient audiences to single out a disgraced emperor from any other.
An additional factor is how prolific the recarving of portraits had become
by the fourth century, so reuse cannot be interpreted as an intentional
attack on the portrait’s original subject.79 As Bauer has concluded, the
loss of individualism in imperial portraiture, combined with changes in
attitudes to and practices of reuse, must have had a significant impact
on curbing politically-motivated portrait destruction in later periods.80
As a consequence, Licinius is this book’s only case study which considers
portraiture, since he is one of the only examples of an emperor in this
period who sought stylistic distinction from his imperial colleague and
rival, Constantine.
Coinage
Since the creation of coins was an integral part of an emperor’s authority,
some have identified attacks on them as an important way of targeting a
ruler’s claims to legitimacy.85 Similar to the alterations made to inscrip-
tions, surviving examples of altered coins demonstrate a lack of definitive
rules as to how such modifications could be carried out, with multiple
techniques attested.86 In general, these can be divided into official alter-
ations, such as mints countermarking names and images, and more
81 Coates-Stephens (2007).
82 See, for example, Julian Letter to a Priest 294C, which talks of the emperor being
embodied in statues in wood, stone, and bronze (τὰς βασιλικὰς ε„κÒνας ξÚλα καὶ λ…θoν
καὶ χαλκòν).
83 See Webster (1979: 138) and Fishwick (1988: 400).
84 For the ubiquity of the imperial image in different media, as well as its significance
and the agents involved, see Ando (2000: 232–239) and Hekster (2015: 30–38).
85 Crawford (1983: 55–56) and Varner (2000b: 45).
86 Hostein (2004: 223).
1 INTRODUCTION 29
The same author thus speaks concerning the idols of our Saxon
ancestors:—
“Of these, though they had many, yet seven among the rest
they especially appropriated unto the seven days of the
week.... Unto the day dedicated unto the especial adoration of
the idol of the sun, they gave the name of Sunday, as much
as to say the sun’s day or the day of the sun. This idol was
placed in a temple, and there adored and sacrificed unto, for
that they believed that the sun in the firmament did with or in
this idol correspond and co-operate.”[536]
Jennings makes this adoration of the sun more ancient than the
deliverance of Israel from Egypt. For, in speaking of the time of that
deliverance, he speaks of the Gentiles as,
Thus it is seen that at the time when the early church began to
apostatize from God and to foster in its bosom human ordinances,
the heathen world—as they had long done—very generally observed
the first day of the week in honor of the sun. Many of the early
fathers of the church had been heathen philosophers. Unfortunately
they brought with them into the church many of their old notions and
principles. Particularly did it occur to them that by uniting with the
heathen in the day of weekly celebration they should greatly facilitate
their conversion. The reasons which induced the church to adopt the
ancient festival of the heathen as something made ready to hand,
are thus stated by Morer:—
And besides these three weekly festivals, there were also two
annual festivals of great sacredness. These were the Passover and
the Pentecost. And it is worthy of special notice that although the
Sunday festival can be traced no higher in the church than Justin
Martyr, a. d. 140, the Passover can be traced to a man who claimed
to have received it from the apostles. See chapter thirteen. Among
these festivals, considered simply as voluntary memorials of the
Redeemer, Sunday had very little pre-eminence. For it is well stated
by Heylyn:—
“Take which you will, either the fathers or the moderns, and
we shall find no Lord’s day instituted by any apostolical
mandate; no Sabbath set on foot by them upon the first day of
the week.”[550]
“And upon the day called Sunday, all that live either in city
or country meet together at the same place, where the
writings of the apostles and prophets are read, as much as
time will give leave; when the reader has done, the bishop
makes a sermon, wherein he instructs the people, and
animates them to the practice of such lovely precepts: at the
conclusion of this discourse, we all rise up together and pray;
and prayers being over, as I now said, there is bread and
wine and water offered, and the bishop, as before, sends up
prayers and thanksgivings, with all the fervency he is able,
and the people conclude all with the joyful acclamation of
Amen. Then the consecrated elements are distributed to, and
partaken of, by all that are present, and sent to the absent by
the hands of the deacons. But the wealthy and the willing, for
every one is at liberty, contribute as they think fitting; and this
collection is deposited with the bishop, and out of this he
relieves the orphan and the widow, and such as are reduced
to want by sickness or any other cause, and such as are in
bonds, and strangers that come from far; and, in a word, he is
the guardian and almoner to all the indigent. Upon Sunday we
all assemble, that being the first day in which God set himself
to work upon the dark void, in order to make the world, and in
which Jesus Christ our Saviour rose again from the dead; for
the day before Saturday he was crucified, and the day after,
which is Sunday, he appeared unto his apostles and disciples,
and taught them what I have now proposed to your
consideration.”[554]
This passage, if genuine, furnishes the earliest reference to the
observance of Sunday as a religious festival in the Christian church.
It should be remembered that this language was written at Rome,
and addressed directly to the emperor. It shows therefore what was
the practice of the church in that city and vicinity, but does not
determine how extensive this observance was. It contains strong
incidental proof that apostasy had made progress at Rome; the
institution of the Lord’s supper being changed in part already to a
human ordinance; water being now as essential to the Lord’s supper
as the wine or the bread. And what is still more dangerous as
perverting the institution of Christ, the consecrated elements were
sent to the absent, a step which speedily resulted in their becoming
objects of superstitious veneration, and finally of worship. Justin tells
the emperor that Christ thus ordained; but such a statement is a
grave departure from the truth of the New Testament.
This statement of reasons for Sunday observance is particularly
worthy of attention. He tells the emperor that they assembled upon
the day called Sunday. This was equivalent to saying to him, We
observe the day on which our fellow-citizens offer their adoration to
the sun. Here both “patriotism” and “expediency” discover
themselves in the words of Justin, which were addressed to a
persecuting emperor in behalf of the Christians. But as if conscious
that the observance of a heathen festival as the day of Christian
worship was not consistent with their profession as worshipers of the
Most High, Justin bethinks himself for reasons in defense of this
observance. He assigns no divine precept nor apostolic example for
this festival. For his reference to what Christ taught his disciples, as
appears from the connection, was to the general system of the
Christian religion, and not to the observance of Sunday. If it be said
that Justin might have learned from tradition what is not to be found
in the New Testament relative to Sunday observance, and that after
all Sunday may be a divinely-appointed festival, it is sufficient to
answer, 1. That this plea would show only tradition in favor of the
Sunday festival. 2. That Justin Martyr is a very unsafe guide; his
testimony relative to the Lord’s supper differs from that of the New
Testament. 3. That the American Tract Society, in a work which it
publishes against Romanism, bears the following testimony relative
to the point before us:—
The victory was not obtained for Sunday in this struggle, as Heylyn
testifies,